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United Kingdom

Singapore SICC sets aside ICC award for tribunal’s copying from parallel awards, breaching natural justice; guidance on common arbitrators and inviting submissions on authorities not raised by the parties

Published on: 03 September 2024

Published by a LexisNexis Arbitration expert

Legal News

Article summary

What are the practical implications of the case?

The immediate takeaways hardly need emphasis: tribunals must resist copying-and-pasting wholesale from earlier awards or parties’ submissions, and they should invite the parties to address any propositions and authorities that the tribunal knows it may deploy in its award. Further, caution is advised when appointing the same arbitrator to multiple unconsolidated references—whether running in parallel or one after another—simply to capitalise on their familiarity with the subject matter. Where counsel are not common across all proceedings, there is a real danger that at least one party remains unaware of what the tribunal has been told, and the tribunal, or the shared arbitrator, may struggle to keep facts and arguments properly compartmentalised. As International Judge Simon Thorley observed, while such mental quarantining might be theoretically achievable, it is laden with difficulty. In this instance, the replication came to light purely by chance because one set of counsel acted in both arbitrations; absent that overlap, the closeness of the awards might never have surfaced...

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